Tapesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71215 of 2022 Arising Out of PS. Case No.-231 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== TAPESH GUPTA Son of Sheonarayan Shah R/v- Sipahi, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304(B), 120(B), 201, 34 of the Indian Penal Code.

The allegation against the petitioner is that he killed the daughter of informant under conspiracy due to non-fulfillment of demand for dowry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.71215 of 2022(3) dt.08-05-2023 2/2 petitioner. It is submitted that the petitioner is not a family member or relative of the deceased and he has no concern with the family members of the deceased. The deceased was suffering from diarrhea and she died during the course of treatment. Petitioner has six criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Turkauliya P.S. Case No.231 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T